say sekulow is chief counsel for the american center for law and justice. the president has aloud this sale to go forward to the tune of $165 million, despite with congress wanted. is that okay? >> no, it's not. this is a president who said no more earmarks. this is an ear mark for senator dick durbin and illinois. with the presidential election a month or less away and it's a political move. you have a specific act of congress that addressed this because the concern was this was going to be the new guantanamo bay detention facility. the act of congress doesn't prohibit prisoners being brought there. it prohibits moneying expended. congress will not make those allocations. congress didn't make this allocation and they ended up trying to tack inquiry this prison. megyn: eric holder testified under oath that it would be a welcome addition to the bureau' prisons. he said we'll not move people from guantanamo regardless of the state of law to thompson. we'll not move people from gitmo to thompson. that is my pledge. is there an end around that? >> he may be the